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HomeMy WebLinkAbout08-0776 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. CHRISTINA A `VIBLEY and WILLIAM H WEIBLEY JR Defendant(s) NO. D$- 77(0 0iiv?l berft COMPLAINT IN CIVIL ACTION Filed on behalf of: FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PF_PA_11 Cmplt Cvr Sht P&F File No. 2800.5796 l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR REDIT COMPANY ) Plaintiff ) NO. V. ) CHRISTINA A WEIBLEY and WILLIAM H WEIBLEY JR ) Defendant(s) ) NOTICE TO DEFEND You have been sued i:i Court. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER Usted ha sido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dial despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PA_21Notice to Defe'td P&F File No. 2800.5796 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY ) Plaintiff ) V. ) CHRISTINA A WEIBLEY and WILLIAM H WEIBLEY JR ) Defendant(s) ) COMPLAINT IN CIVIL ACTION NO. 4 P - -2 -2 6 Cum 7-t4- AND NOW, comes Plaintiff, FORD MOTOR CREDIT COMPANY , by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, FORD MOTOR CREDIT COMPANY, is a corporation with offices at 213 E. MAIN ST CARNEGIE, PA 15106. 2. Defendant is CHRISTINA A WEIBLEY, an adult individual, believed to currently reside at 110 MIDDLE SPRING AVE SHIPPENSBURG, PENNSYLVANIA 17257. 3. Defendant is, WILLIAM H WEIBLEY JR, an adult individual, who is believed to currently reside at 110 MIDDLE SPRING AVE SHIPPENSBURG, PENNSYLVANIA 17257. 4. On or about April 17, 2001, the aforesaid Defendant(s) entered into a written Automobile Retail Installment Contract (Hereinafter "Contract") to purchase a "Vehicle" from a dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the Contract is attached hereto, marked as Plaintiffs Exhibit "A" and incorporated by reference. 5. "Seller" thereafter assigned the Contract to Plaintiff, FORD MOTOR CREDIT PA-07 Civil Cmplt Auto Ln P&F File No. 2800.5796 COMPANY. 6. Pursuant to the terms of the Contract, Defendant(s) was/were to make 60 of $264.74 commencing on June 01, 2001. 7. The terms of the Contract provide for termination upon satisfaction by Defendant of all obligations provided thereunder. 8. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make payments to Plaintiff as promised. 9. Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate the Contract and retake possession of the vehicle. 10. After calculating early termination charges due to Plaintiff, and proceeds from sale, if any, Plaintiff avers that a deficiency balance of $1,477.04 is due from Defendant(s) as of May 10, 2007. 11. The terms of the Contract provide that Defendant(s) will pay Plaintiffs reasonable attorney's fees. 12. Plaintiff avers that such attorney's fees will amount to $500.00. 13. Despite repeated requests, Defendant(s) have willfully failed and/or refused to pay the aforesaid sum due. PA-07 Civil Cmplt Auto Ln P&F File No. 2800.5796 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $1,477.04, interest from the date of breach, reasonable attorney's fees in the amount of $500.00 with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. submitted: Felix, A.P.C. Date: Greg L. Morri Esquire 213 treet Carnegie, PA 15106 (412) 429-7675 PA-07 Civil Cmplt Auto Ln P&F File No. 2800.5796 04/17/01 MAI(fLAND SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT nare Buyer (and Co-Buyer) Name and Address (Including County and Zip Code) CREDITOR (Seller Name and Address) 501 CHRISTINA A WEIBLEY WILLIAM H WEIBLEY JR WILSON INC. /HAGERSTOWN HONDA RECEIVE 110 MIDDLE SPRING AVE 10307 AUTO PLACE SHIPPENSBURG PA 17257 HAGERSTOWN MD 21740 AP ou, the Buyer (and Co-Buyer, ti any), may buy the vehicle described below for cash or on credit The cash price is shown below as "Cash Price." The credit prici chnwn hAl- - "T-1 Qeln Di- NEW 1 2001 1 RIO KNADC1230166213219 I ? Personal ? Agricultural ? Commercial 1992 TOYOTA Trade-in Year and Make 500.00 N/A $ . $ Gross Allowance Amount Owing ITEMIZATION OF AMOUNT FINANCED 1. Cash Price . . . . . . . . . . . . . . . . . . . . . . . . . . . S (t1 2. Down Payment Rebates Assigned to Creditor . . . . . . ' $ N/A Cash Down Payment . . . . . . . . . . . . $ ' N/A -00 Trado4n (description above) . . . . . . . . . . . $ o Total Down Payment , 3 Unpaid Balance of Cash P i 1 i 2 , , , , • $ 1000• ) 1 24 . r ce ( r„ nus ) . ) . . . . . . , . . $ 4. Amounts paid on your behalf (SelkAr may be retaining a portion of these amounts) To Public Officials (i) for license, title, 8 re istration 42 00 . . fees $ (ii) for filing fees $ N/A (iii) for taxes (not in Cash Price) $ 631.44 $ 673.44 To Insurance Companies for: Credit Life Insurance... . .. ... . .. .... $ N/A Credit Disability Insurance . . . . . . . . . . . .' . . . $ N/A .... ....... $ N/A To for _ $ N/A To foi _ $ N/A To for _. S ?q C To for )+? LBEd9f-44 Total . . . . . . . . . . . . . .... t'CW 673•?ilAr) 5. Amount Financed (3 plus 4) . _ r, ?? ?GL97/?. (5) FEDERAL TRUTH-IN-LENDING DISCLOSURES 'ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Price RATE The dollar amouri The amount of The amount The total cost The cost of your the credit will credit provided you will have of your pundhas credit as a yearly rate cost you to you or on paid when you on credit, your behalf have made all including your n d scheduled ttlle downplym n 8000 16.49 51a6. %- 10697. ss pa15884 4 S $ 96 $ $ . $ X Number of Amount of Each When Payments Payment Schedule - Pavm9s P'W. are due Your payment schedule -+ $ 264. 74 monthly starting will be: final $ 264.74 06/01/01 Prepayment: If you pay off your debt early, you will not have to pay a penalty. Late Payment: You must pay a late charge on the portion of each payment received more than 15 days late. The charge is 7.5 pyrcent of the late amount or $50.00, whichever is less. Security Interest: You are giving a security interest in the vehicle being purchased. Contract: Please see this contract for additional information on security interest, nonpay- ment, default, the right to require repayment of your debt in full before the scheduled date, and prepayment penalty. Any change in this contract /must be In wrMing and signed by you and the Creditor. SIGNS: ??/WtGI LLI ?f% SIGNS:/wit/ NOTI TO THE BUYER Do not sign this contract before ydu read It or if it contains any blank spaces. You are entitled to an exact copy of the contract you sign. The law of Maryland applies to this contract including Title 12, Subtitle 10 of the Maryland Commercial Law Article. Buyer acknowledges receipt of 01true and completely filled In copy of this contract at th time of signing. selrsr accepts trae° ontnet. I no, other Assignee to named in a separate to this confect the} Seller assigns It to lam Financial Services. Credit I INC. /HAGERSTnWM wnNma,4-** 1_e .?,e '/[ . _ /A, I acknowledge receipt of a complet&A copy of this KFS 17619-$1 Apr 01 INSURANCE VEHICLE INSURANCE MAY BE OBTAINED FROM A PERSON- OF YOUR CHOICE. INSURANCE DOES NOT COVER PER- SONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. ? Credit Life N/A Insurer Premium Insured(s) Signature(s) Credit ? Disability N/A Insurer Premium Insured Signature Type of Insurance Term N $ Insurer Premium Signature Credit Life and Credit Disability insurance are for the term of the contract. The amount and coverages are shown In a notice or agreement given to you today. You are required to Insure the vehicle. if a charge is shown below, the Creditor will try to buy the coverages checked for the term shown. Coverages will be. based on the cash value of the vehicle at time of loss, but not more than the limits of the policy. ?p ? Comprehensive ? $ %LciiWe Collision ? Fire-Thaft-Combined Additional Coverage ? Towing and Labor ? Term Monow/Wtimate) Premium $ QUESTIONS? Fnancial Services PLEASE CALL US AT 1-877-671-3114 011-001 SEE BACK FOR ADDmONAL AGREEMENTS Ld't) t a ® n.orr.r• yaw ow. ORIGINAL ey 4, i ^V'? !tap ADDITIONAL' AGREEMENTS-'---. - - - -- A. P"nts: You must make all payine0tstwhen they are, due. You. F. -Default: You will. be•in'default it. may prepay your debt at anytime without penalty. This is a simple ; - interest contract Th e actual finance charge ou agree to a will 1. You do not make a dePen d ;on.Y` biifi ' `???' W T •+ 41 F ; - 1 Faxment when it is due; or F payment'patl?rr?. ?ht3 ? }Inarica cif i1'a gavel tafse'oQ rsieal(H' f r'A r 2. Yo"ir Y m In Ir?f?mation'b exceed the disclosed Finance Charge"rf ybt?melce?pt elite ?? ?, application relating to this?•42 3J (JIM p!'1 later than the,scheduted dates or In lee fthariti('e"sdleflil?l6'd? F986t. 3. Your vehicle is seized by'W?6affstattV4R"gtl I H2 Your payment will be applied first to the earned and unpaid part of - authority and is not promptly and unconditionally returned the Finance Charge and then to the unpaid Amount Financed. The to you; or Finan6w.G "'is earned by applying the Annual Percentage Rate _ 4. You file a bankru to the linAld Amount Financed for the; actual time'that.the un PoY petition or one is filed against you; or paid 5. You do not keep any other promise in:thf contract. Amount Financed is outstanding. t Ita859e3i9r5I:tQAN;i rI" lp45 If you do not cure a default where allowed by law, the Creditor may 8. Security Interest: You give the Creditor_a.security.intepist in:......•__ fv ;maitre youto. pay.at orlce.the u?tpa{ti•.lkmourrtgllenced, the earned . and unpaid part.of the Finance Charge and all other amounts-due- 1. The vehicle and all paris or other goods put on the vehicle; under this contract. He may All money or goods received for the vehicle; and y i (take ess. back) the, s a ssed too. -He may 3. All Insurance premiums and servk:n contracts financed for you. hold them also take goods found in the vehicle when repo ssessed and 09.rSoI1 This secures payment of all amounts you owe under this contract. It If the vehicle is taken back, he will.send you a notice. The notice 'Will also secures your other agreements in ;his contract, A\o say that you may redeem (buy back) the vehicle. It will also show C. Use of Vehicle Warranties: You must take care of the vehicle anal . GaE the amount needed to redeem. If you do not cure the account where obey all laws in using it. You may not hell or rent the vehicle, a N allowed by law or redeem the vehicle, it will be sold. you must keep it free from the claims-of others. You It1 use per '9kr' yj ?19$ permit the use of the p se money from the sale, less the allowed expenses, wilt be used vehicle outside of the United S19 rwQt for to pay the amount still owed on this contract. Allowed expenses are up to 30 days in Canada or Mexico, wlthinut the prior written consent those paid as •a direct result of having to retake the vehicle, hold It, of the Creditor. prepare It for'sale, and sell lt. La wyers' fees and legsl costs permitted by law are allowed, too. If there is any money left (a surplus), k will D. Insurance: You must Insure yourself sod the Creditor against lose be paid to you. If the money from the sate is not enough to pay off or damage to the vehicle. The type ane amount of Insurance must this contract and costa,?yqu will ply what is still owed to the Creditor, be approved by the Creditor. If the (?'ditor obtains a ref iod on If allowed ?X law. If you. do not pay the amount when fire Creditor ,insurance. or service contracts, the Creditor will subtraci'iHe Mund asks, the C fi or may. charge you interest at the highest lawful rate from what you owe. Whethqr or not tfie vehicie Is Insured, you until you pay. 'must pay for it If It Is lost,. damaged, jar destroyed. Q\61 A\N G. General: To contact l9a Financial Services about-the account, call Ill a charge for vehicle insurance Is sho n on the front, RM: Creditor _ 1-(877) 671-3114. The law of Maryland applies will try to buy the coverages checked for the tom shown.lheCreditor _ is extended in this contract under This 12, Subtitle 110 of the Marylaend is not liable, though, ii he cannot do-so,- if these coveragea,cost more - Commercial Law Article. If the applicable law does not allow all of 4h9n the amount-shown for Insurance, the Creditor may.t)pythem for - - the agreements in the contract, the ones that are not allowed will be a shorter term or he may give you credit for the amo -shown: If he - .,.. _ void. The rest of this contract will still be good, 'cannot buy any insurence?h VAN give you credit fgr_ththq amount - - ' ' -shown. The credit will be mal to the last payments due.. E. 'Late Charge: You will have to pay a late charge of 75% - of the late amount or $50, whichever is less, on the portion of each payment received more than fifteen days late. You must also pay any cost paid by the Credhor to collect any late payment, as allowed by law. Acceptance of a late payment or late charge does not ;excuse your default or mean that you can keep making payments after they are due. The Creditor may take the steps set?ortl??lt? Section F if there is any default. ' ', 9a.o86di 9..? 4\ 4 r q A A ' FTC NOTICES NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES- WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE ,ROCEED$?,,IEREOF9ERE(;O-VERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.- -Used Motor Vehicle Buyers Guide. If you are buying a used vb' lcle with this contract, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.. - Doss not apply if purchased for commercial or agricultural use. M that case, You (debtor) ails not assert against any assignee or subsequent hoider-of this contract any claims, defenses or setoffs which you may have against the ealleror manufacWrer of this vehicle. ' ' GUARANTY To cause the Seller to sell the vehicle described on tine front of-this contract to the. guarantees the payment of this contract. This means that if the Buyer fails topaY & credit, each person who signs below one a "who a guarantor will pay it when asked. Each person who signs below h money. that is owed on this contract, each on who re of other ns-as persons also signs this Guaranty. He also agrees to be liable even- if that does liable one & mois of for thee ? amount owed even if one or more other to pay one or more payments, or (b) gives ) release in full or In part to any of the other Guarantors, or (c) releases aar y sseecurity,?h Gumore aranto also states that he has received a completiA copy of this, contract and this Guaranty at the. time of signing. Guarantor(s) must sign each page separately. Guarantor - Address -_- Gusramor Address _ KFS 17619-SI Apr 01 - 1 . 3'7t1nh- b1W0T?s?3j;H\ .jili A02JIW Y VERIFICATION The undersigned is an authorized agent of the Plaintiff and verifies that the facts and statements made herein are true and correct based upon my knowledge, information and belief. Counsel has signed the verification as a matter of time and convenience. The verification of the party can be provided if requested. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities Date: Greg Morris, Esquire Patenau & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-01 Atty Verification P&F File No. 2800.5796 n ° - n w z HTJ CLP CASE NO: 2008-00776 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS WEIBLEY CHRISTINA A ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon i.TVTMT.VV 0WVTQTTT\TD A the DEFENDANT , at 1452:00 HOURS, on the at 110 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 CHRISTINA WEIBLEY 7th day of February , 2008 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge aIia./0 18.00 18.24 .00 10.00 .00 46.24 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 02/08/2008 PATENAUDE & FELIX By: De>yLTtV Stier A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS WEIBLEY CHRISTINA A ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEIBLEY WILLIAM H JR the DEFENDANT , at 1452:00 HOURS, on the 7th day of February-, 2008 at 110 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 by handing to CHRISTINA WEIBLEY ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 02/08/2008 PATENAUDE & FELIX Sworn and Subscibed to By: ?? ,;17 ? 0?__ before me this day De ty Sher- f of A.D. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY Plaintiff V. CHRISTINA A WEIBLEY and WILLIAM H WEIBLEY JR Defendant(s) NO. 08-776 CIVIL TERM PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Filed on behalf of: FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_170 Prcp Disc w/o Ndc P&F File No. 2800.5796 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . : PENNSYLVANIA FORI3 MOTOR CREDIT COMPANY is Plaintiff V. CHRISTINA A WEIBLEY and WILLIAM H WEIBLEY JR Defendant(s) PonWe & Felix, A.P.C. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: Prothonotary Please discontinue the matter captioned above without prejudice. Thank you. submitted: Date: Sworn to and subscribed before me this day of 46 , , 200K Notary Publif C OIN,M40''MEALTH OF PENNSYLVANIA Notarial seal Stewart !v Public i+) ;-aunty M}' C..ii?fH1i71i55iQrl EXl}Src;.. ;,4 14, 2011 Member, Penns yivania As :?c; tiara of Notaries PA_170 Prcp Disc w/o Ndc NO. 08-776 CIVIL TERM fireg`gt?"1Glorris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 P&F File No. 2800.5746 .a+e ,.,may i • ?°